GUINEA
N/A
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Participation in the World Trade Organization (WTO) Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Guinea is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA I) nor the 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
- Show more...
GUINEA
Since December 2019
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Decree No. D/333/PRG/SGG of 17 December 2019 on the Public Procurement Code (Décret No. D/333/PRG/SGG du 17 décembre 2019 Portant Code des Marchés Publiques)
Pursuant to Art. 78 of Decree No. D/333/PRG/SGG, during public procurement procedures, preference is accorded to bids submitted by domestic companies, provided they meet the requirements set forth in the tender or consultation documents. This preferential treatment applies even if the domestic bid exceeds the amount of the closest evaluated bid from a non-national company as long as the difference falls within the margin of preference outlined in Art. 79. This article specifies that the percentage of national preference should not exceed 7% for works and 15% for supplies and services.
The national preference regime can, however, only be granted under the following conditions:
- For consulting and engineering firms, 30% of inputs must be from the Economic Community of West African States (ECOWAS Community), and 50% of managers and employees must be nationals;
- For consultancies, national participation must be more than 50% of the study;
- For suppliers of goods in Guinea, 30% of the added value of a manufactured good must be of Guinean origin;
- For the supply of imported goods, the supplier must have Guinean nationality.
For legal entities, there are additional conditions:
- The majority of the capital of the legal entity must be held by nationals;
- The management body must be controlled by Guinean nationals.
Art. 79 further provides that temporary groupings of foreign operators concluded with Guinean individuals or legal entities may benefit from national preference if their offer meets the conditions mentioned in the article and if it provides that a significant part of the contract is entrusted to a small or medium-sized national company either through co-contracting or subcontracting, or if a minimum number of key national experts is proposed.
The national preference regime can, however, only be granted under the following conditions:
- For consulting and engineering firms, 30% of inputs must be from the Economic Community of West African States (ECOWAS Community), and 50% of managers and employees must be nationals;
- For consultancies, national participation must be more than 50% of the study;
- For suppliers of goods in Guinea, 30% of the added value of a manufactured good must be of Guinean origin;
- For the supply of imported goods, the supplier must have Guinean nationality.
For legal entities, there are additional conditions:
- The majority of the capital of the legal entity must be held by nationals;
- The management body must be controlled by Guinean nationals.
Art. 79 further provides that temporary groupings of foreign operators concluded with Guinean individuals or legal entities may benefit from national preference if their offer meets the conditions mentioned in the article and if it provides that a significant part of the contract is entrusted to a small or medium-sized national company either through co-contracting or subcontracting, or if a minimum number of key national experts is proposed.
Coverage Horizontal
GUINEA
Since September 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Law L/2022/0010/CNT of 22 September 2022 on Local Content of the Republic of Guinea (Loi L/2022/0010/CNT du 22 septembre 2022 Portant Contenu Local de la République de Guinée)
Art. 8 of Law L/2022/0010/CNTA obliges economic operators to source Guinean goods and services as part of their activities in the Republic of Guinea, in accordance with a list of goods and services drawn up by order of the Ministry responsible for the private sector. Each year, operators must send the Ministry responsible for local content and the Autorité de Régulation et de Contrôle du Contenu Local (ARCCL) a list of their suppliers of goods and their providers of services. All companies, whether local or foreign, regardless of their sector of activity, are subject to the provisions of Art. 8, with the exception of local micro, small and medium-sized enterprises (MSMEs). Operator refers to both the company in charge of carrying out public projects and investors in private sector projects covered by the investment code or companies working on their behalf, regardless of the sector.
Art. 11 further specifies that in the event that the supply of local goods or services proves impossible due to unavailability or insufficiency, operators subject to local content are authorised, on the favourable opinion of the ARCCL, in conjunction with the ministry in charge of the private sector, to obtain supplies on the external market.
Art. 11 further specifies that in the event that the supply of local goods or services proves impossible due to unavailability or insufficiency, operators subject to local content are authorised, on the favourable opinion of the ARCCL, in conjunction with the ministry in charge of the private sector, to obtain supplies on the external market.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240706160019/https://www.africaguinee.com/app/uploads/2023/05/EXE_LOI-2022-CNT_A5-prop-03-1.pdf
- https://web.archive.org/web/20230330135033/https://www.financialafrik.com/2023/03/29/regards-croises-entre-les-lois-sur-le-contenu-local-en-republique-democratique-du-congo-et-la-republique-de-guinee/
GUINEA
Since September 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Law L/2022/0010/CNT of 22 September 2022 on Local Content of the Republic of Guinea (Loi L/2022/0010/CNT du 22 septembre 2022 Portant Contenu Local de la République de Guinée)
Art. 12.1 of Law L/2022/0010/CNT provides that operators, within the framework of public procurement contracts, systematically set up co-contracting arrangements with local companies. Under this co-contracting arrangement, the local company must be responsible for at least 40% of the volume of services to be carried out, in particular, the technical feasibility studies for the project, the environmental and social impact studies, the execution studies and the project implementation work. Co-contracting refers to the situation in which two or more companies form a temporary consortium with the aim of maintaining legal, economic and financial links between them for the joint completion of a project.
Art. 12.4 further specifies that in all projects where the amount of investment is equal to or greater than the thresholds defined by decree and involving, in particular, the production of a good or the provision of a service with a high technological value, the co-contracting arrangement put in place must provide for the creation of an industrial production or processing unit, depending on the sector to which the project concerned relates. At least 34% of the capital of this company must be open to local industrialists. The terms and conditions for the creation of these local industrial units, as well as the specific advantages granted to operators, are to be specified by decree.
In addition, Art. 13 provides that operators under public procurement contracts systematically subcontract part of the services to local companies. As part of this subcontracting, the local company is responsible for at least 40% of the volume of services to be carried out, in particular, the technical feasibility studies for the project, the environmental and social impact studies, the execution studies and the project implementation work. The implementing decrees are not yet available.
As the implementing decrees are not yet available, it is not clear when any of the scenarios presented above apply.
Art. 12.4 further specifies that in all projects where the amount of investment is equal to or greater than the thresholds defined by decree and involving, in particular, the production of a good or the provision of a service with a high technological value, the co-contracting arrangement put in place must provide for the creation of an industrial production or processing unit, depending on the sector to which the project concerned relates. At least 34% of the capital of this company must be open to local industrialists. The terms and conditions for the creation of these local industrial units, as well as the specific advantages granted to operators, are to be specified by decree.
In addition, Art. 13 provides that operators under public procurement contracts systematically subcontract part of the services to local companies. As part of this subcontracting, the local company is responsible for at least 40% of the volume of services to be carried out, in particular, the technical feasibility studies for the project, the environmental and social impact studies, the execution studies and the project implementation work. The implementing decrees are not yet available.
As the implementing decrees are not yet available, it is not clear when any of the scenarios presented above apply.
Coverage Horizontal
GUATEMALA
N/A
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Guatemala does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal
GUATEMALA
Since January 1970
Pillar Online sales and transactions |
Sub-pillar Local presence requirements for digital services providers
Congress Decree No. 2-70 – Guatemalan Commercial Code (Decreto del Congreso N0. 2-70 - Código de Comercio de Guatemala)
In accordance with Art. 14 of the Guatemalan Commercial Code, the companies legally constituted abroad that wish to establish or operate in any form in the country or want to have one or more branches or agencies must have permanently in the country, at least, one representative.
Coverage Horizontal
GUATEMALA
Since May 2003
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Decree No. 06-2003 - Consumer and User Protection Law (Decreto N0. 06-2003 - Ley de Protección al Consumidor y Usuario)
The Consumer and User Protection Law provide a comprehensive framework for consumer protection that also applies to online transactions
Coverage E-commerce sector
GUATEMALA
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Guatemala has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
GUATEMALA
Since 2008
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Guatemala has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
GUATEMALA
Since 2008
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
UNCITRAL Model Law on Electronic Signatures
Guatemala has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
GUATEMALA
Since October 2013
Pillar Intermediary liability |
Sub-pillar User identity requirement
Mobile Terminal Equipment Act (Ley de Equipos Terminales Móviles)
Under Art. 11 of the Mobile Terminal Equipment Act, Guatemala established registers for mobile service users, importers, sellers, and distributors of mobile devices and SIM cards. According to Art. 14, individuals purchasing a SIM card are required to present their personal identification document (ID) or a valid passport in the case of foreigners at the point of purchase.
Coverage Telecommunications sector
GUATEMALA
Reported in 2023
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Self-certification for product safety
Supplier Declaration of Conformity not allowed for foreign businesses
The type approval process for radio equipment in Guatemala is administered by the Superintendence of Telecommunications (SIT). All radio equipment devices require certification, and equipment that complies with ETSI or FCC standards is typically approved. Approvals are usually obtained within six weeks without the need for in-country testing or local representatives, and certificates have an indefinite validity period. Existing international test reports can be used for the homologation process, during which technical documents will be reviewed and validated.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231203145604/https://sit.gob.gt/gerencia-de-frecuencias/mas-informacion/dispensacion-de-homologacion/
- https://web.archive.org/web/20231128103713/https://ib-lenhardt.com/type-approval/guatemala
- https://web.archive.org/web/20241211200635/https://www.eleoscompliance.com/es/type-approval/guatemala
- Show more...
GUATEMALA
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in Guatemala's law and jurisprudence. Copyright Law No. 33-98 serves as the legal foundation for determining the liability of Internet Service Providers (ISPs) in Guatemala in cases involving the infringement of an author’s moral or economic rights. In instances of infringement, the rights holder may hold the direct infringer responsible for uploading the protected material. Additionally, under Art. 1645 of the Civil Code, legal action may be initiated against ISPs if negligence or carelessness on their part can be demonstrated. Since specific legislation addressing damages caused by ISPs is absent, this article is the principal legal reference for intermediary liability in Guatemala. According to the law, "any person who intentionally, or through carelessness or negligence, causes harm or damage to another is obligated to provide reparation unless the harm or damage is the result of inexcusable negligence or fault of the victim, and this is proven."
Coverage Internet intermediaries
Sources
GUATEMALA
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringements
It is reported that a basic legal framework on intermediary liability beyond copyright infringement is absent in Guatemala's law and jurisprudence.
Coverage Internet intermediaries